OTF v. Lake

The state law operates as a content-based restriction on expression related to LGBTQ+ themes and gender identity, triggering strict scrutiny under Reed v. Town of Gilbert because it classifies and burdens speech based on its subject matter rather than regulating conduct neutrally. The organizational plaintiffs contend that even accepting a compelling governmental interest, the restriction fails narrow tailoring by extending to protected expressive activity involving adults and suppressing viewpoint rather than addressing conduct alone. The Sixth Circuit must determine whether Skrmetti and Mahmoud have created doctrinal space permitting such content-based restrictions on gender-identity expression, or whether established precedent against viewpoint discrimination and unconstitutional conditions remains controlling in the First Amendment context.